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Do you know what Overt, Disparate Treatment and Disparate Impact is?

Prepared by: Community Development Department, City Of Decatur, Alabama. For more information on Fair Housing or on how to file a complaint, contact Fair Housing Center of Northern Alabama, Birmingham, AL, at 866-740-1040 or www.fhcna.com. Sources: Texas Fair Housing Facts, 2007.


Housing Discrimination is “ODD!”

In Mortgage Lending:

Overt, Disparate Treatment and Disparate Impact

any of the following actions based on race, religion,

In the Sale and Rental of Housing: No one may take color, sex, national origin, disability or familial status:

Overt discrimination is defined as any housing

• Refuse to make a mortgage loan

discrimination which is intentionally inflicted.

• Refuse to provide information regarding loans

Disparate Treatment is discrimination which occurs

What is Prohibited?

when members of a protected class are treated in a

No one may take any of the following actions

different and less favorable manner than members of

based on race, religion, color, sex, national origin,

a majority group. The intention to discrimination is not

disability or familial status:

communicated or expressed, but can be seen from the differences in treatment. Disparate Impact is discrimination which occurs when treatment, although applied equally, has an adverse effect on members of a protected class in comparison to members of a majority group. Basically, the activity is fair in form, but discriminatory in practice.

• Impose different terms or conditions on a

loan, such as different interest rates, points,

or fees

• Discriminate in appraising property • Refuse to purchase a loan

• Refuse to rent or sell housing

• Set different terms of conditions for

• Refuse to negotiate for housing

• Make housing unavailable • Deny a dwelling • Set different terms, conditions or privileges

for sale or rental of a dwelling

• Provide different housing services or facilities • Falsely deny that housing is available for

inspection, sale or rental

• For profit, persuade owners to sell or

rent (blockbusting)

• Deny anyone access to or membership in a

facility or service (such as a multiple listing

service) related to the sale or rental of

housing

purchasing a loan


Types of Housing Discrimination